WATER CODE (PRESIDENTIAL DECREE NO.

1067)
- A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND CONSOLIDATING THE
LAWS GOVERNING THE OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION,
DEVELOPMENT, CONSERVATION AND PROTECTION OF WATER RESOURCES
- Article XIV, Section 8 of the New Constitution of the Philippines provides, inter alia,
that all waters of the Philippines belong to the State
- existing water legislations are piece-meal and inadequate to cope with increasing
scarcity of water and changing patterns of water use
- need for a Water Code based on rational concepts of integrated and multipurpose
management of water resources and suffciently flexible to adequately meet future
developments
- water is vital to national development and it has become increasingly necessary for
government to intervene actively in improving the management of water resources
- FERDINAND E. MARCOS enacted the law in 1976

ARTICLE 3. The underlying principles of this code are:

a. All waters belong to the State.
b. All waters that belong to the State can not be the subject to acquisitive prescription.
c. The State may allow the use or development of waters by administrative concession.
d. The utilization, exploitation, development, conservation and protection of water
resources shall be subject to the control and regulation of the government through the
National Water Resources Council, hereinafter referred to as the Council.
e. Preference in the use and development of waters shall consider current usages and be
responsive to the changing needs of the country.

ARTICLE 13
Except as otherwise herein provided, no person, including government
instrumentalities or government-owned or controlled corporations, shall appropriate water
without a water right, which shall be evidenced by a document known as a water permit.
Water right is the privilege granted by the government to appropriate and use water.

ARTICLE 15
Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly
qualified by law to exploit and develop water resources, may apply for water permits.

ARTICLE 19
Water rights may be leased or transferred in whole or in part to another person with
prior approval of the Council, after due notice and hearing.

WATER CODE IRR

- unanimously adopted at the 29th meeting of the national water resources board on
march 21, 2005
RULE I: Appropriation and Utilization of Waters
SECTION 1. Water may be appropriated for the following descending purposes and uses:
 a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial Recreational, and
h. Other purposes
Use of water for domestic purposes
- the utilization of water directly drawn from a source by a household for drinking,
washing, bathing, cooking, watering of gardens or animals and other domestic uses.
Use of water for municipal purposes
- is the utilization of water for supplying the water requirements of a community,
whether by piped or bulk distribution for domestic and other uses, direct consumption,
the drawer or abstractor of which being the national government, its subsidiary
agencies, local government units, private persons, cooperatives or corporations.
Use of water for irrigation
- is the utilization of water for producing agricultural crops.
Use of water for power generation
- is the utilization of water for producing electrical or mechanical power.
Use of water for Fisheries
- is the utilization of water for the propagation and culture of fish as a commercial
enterprise or any other aquaculture ventures.
Use of water for livestock raising
- is the utilization of water for large herds or flocks of animals raised as a commercial
enterprise.
Use of water for industrial purposes
- is the utilization of water in factories, industrial plants and mines including the use of
water as an ingredient of a finished product.
Use of water for recreational purposes
- is the utilization of water for swimming pools, bath houses, boating, water skiing, golf
courses and other similar facilities in resorts and other places of recreation.

SECTION 2. When Permit/Authority from the National Water Resources Board Must be
Secured. — As required under the provisions of P.D. 1067, a permit/authority shall be
secured from the Board in the following instances:
a. Appropriation of water for any purpose stated under Section 1, except for "purely
domestic purpose", provided that such use shall be registered with the Board. "Purely
domestic purpose" as used in these rules is de􏰃ned as the use of not more than 250
liters/capita/day of water by a single household;
b. Change in purpose of the appropriation;
c. Amendment of an existing permit, such as change in point or nature of diversion,
amount of appropriation, period of use, etc;
d. Transfer or lease of water right, as evidenced by a water permit;
 e. Temporary permit to appropriate and use of water;
f. Developing a stream, lake or spring for recreational purposes;
g. Lowering or raising the level of the water of a lake, river or marsh, or draining the same;
h. Transbasin diversion;
i. Dumping of mine tailings or wastes into a river or a waterway;
j. Such other instances that will require a permit as determined by the Board.

SECTION 3. Qualifcation of Applicants for Permit/Authority. — Only the following may file an
application with the Board for permit/authority:
a. Citizens of the Philippines;
b. Associations, duly registered cooperatives or corporations organized under the laws of
the Philippines, at least 60 percent of the capital of which is owned by citizens of the
Philippines;
c. Government entities and instrumentalities, including government- owned and
controlled corporations.

SECTION 4. Place of Filing Applications.

It shall be filed directly with the Board or its deputized agents designated by the Board in the
province where the point of diversion or abstraction is situated in the case of appropriation of
waters or where the project is located in all other cases.

SECTION 6. Other requirements the following are required in the specific instances indicated:
For Transfer of a Water Permit
- A verified petition for the transfer of a water permit shall state the reasons for the
transfer and shall attach the contract or agreement for the transfer.
For Lease of a Water Right
- A verified petition for the lease of a water permit shall be accompanied by a duly
executed contract of lease, Provided that no contract of lease shall be for a continuous
period exceeding five (5) years, otherwise the contract shall be treated as a transfer of
permit in favor of the lessee.

SECTION 7. Filing Fee.

A filing fee, as may be fixed by the Board, shall be imposed and collected for all applications and
petitions filed with the Board, which shall be paid directly to the Board or through its duly
authorized collecting agents.

SECTION 8. Water Fees or Charges.

Except when the appropriation is for purely domestic purpose as defined in Section 2 (a)
hereof, all appropriators shall pay to the Board water fees or charges for water resources
development.

SECTION 9. Processing, Posting and Sending of Notices of Applications/Petitions.

Upon receipt of an application or a petition, the Board shall process the same to
determine completeness of the requirements prescribed in Section 5 hereof. Once completed,
and upon payment of the filing fee, notices of the application/petition shall be posted in a
conspicuous place in the office of the Board for a period of thirty (30) days.
Copies of the notice of application shall, likewise, be furnished to concerned Regional
Offices of the Department of Public Works and Highways, National Irrigation Administration,
National Power Corporation, Department of Environment and Natural Resources, and Local
Water District Office, if there is one and such other agencies as may be specified by the Board.

SECTION 10. Action After Posting of Notices for Appropriation of Surface Waters
A. Investigation and Studies.
After seven (7) days from the 􏰃rst day of posting of notice at the o􏰅ce where the application
is filed, the office concerned shall determine:
1. The approximate seasonal discharge of the water sources;
2. The amount of water already appropriated for beneficial use;
3. The water requirement of the applicant as determined from standards of beneficial use
prescribed by the Board;
4. Possible adverse effects on existing grantees/permittees or public/private interest
including mitigating measures;
5. Environmental effects;
6. Land-use economics;
7. Whether the area to be irrigated can be integrated with that of an existing or proposed
irrigators association for common irrigation facilities, if the purpose is for irrigation only;
8. Climate conditions and changes; and
9. Other relevant factors.

B. Protest on Applications.
Any person who may be adversely affected by the proposed appropriation may 􏰃le a
verified protest with the Board within thirty (30) days after the last day of posting of Notice.
Protests to an application for water permit shall be governed by the rules prescribed for
resolving water use controversies.

C. Action on Application
1. For applications filed directly with the Board
a. Upon receipt of an application for water permit, the Board shall process the
same in accordance with Section 9 hereof.
The Board shall then require interested parties including the concerned water
district, private water company or franchisee, or registered irrigators association,
company or cooperative to comment on the application within fifteen (15) working days
from receipt of a copy of the water permit application which shall be furnished by the
Board.
b. If no protest or comment on the application is filed within the prescribed
period, the Board shall immediately decide to approve or deny the permit
within sixty (60) days from the date of application provided all the
requirements under these rules are complied with.
 If a protest has been filed within the above period, a hearing should immediately
be set in accordance with the rules and procedures herein provided. Unless restrained
by a competent court, protests shall be immediately resolved within sixty (60) days from
the date of submission for resolution.
2. For applications filed with deputized agencies
Upon receipt of an application for water permit, the deputized agency concerned
shall process the same in accordance with Section 9 hereof.
The deputized agency shall require interested party including the concerned
water district, private water company or franchisee, or registered irrigators association,
company or cooperative to comment on the application within 􏰃fteen (15) working days
from receipt of a copy of the water permit application which shall be furnished by the
Board.
Within fifteen (15) days from the last day of posting of notice, the deputized
agency before which the application was 􏰃led shall transmit the application to the Board
together with all the records, findings of facts, comments of other government agencies,
and recommendations. Upon receipt of the records, the Board shall proceed to act on
the application in accordance with Section 10 (c) (1) (b).
In cases of application for irrigation, the report shall be coursed by the NIA
Regional Director to the Board or any regional office that may be established by the
Board.
In cases of application for hydraulic power, the DPWH Regional Director shall
transmit the application and all the records to the National Power Corporation Central
Office, which shall forward the same to the Board with its comments and
recommendations within thirty (30) days from receipt thereof.

SECTION 13. Board's Action.

The Board shall approve or disapprove applications for water permits within thirty (30)
days after receipt of the recommendation of the Board Secretariat, unless a longer period is
needed for the disposition of protests.
Failure to claim any approved water permit within 6 months from notice of its approval
by the Board shall cause the automatic revocation of the approved water permit.

SECTION 14. Water Permit

Approved applications shall be issued water permits subject to such conditions as the Board
may impose. Such permit must bear the seal of the Board and the signature of the Executive
Director. Disapproved applications shall be returned to applicants through the office where the
same was filed within fifteen (15) days of such disapproval stating the reasons therefor.

SECTION 15. Conditions in Permits. — Water permits issued by the Board shall be subject to
such terms, restrictions and limitations as it may deem proper to impose, and including any,
or all of the following conditions:
a. Within one (1) year from the receipt of the permit, the applicant shall submit to the
Board for approval, the plans and specifications for the diversion works, pump structure,
water measuring device, and other required structures, and the implementing schedules
 of construction for private sector projects. No construction work or private sector
projects shall commence until the plans, specifications and implementing schedules are
duly approved. When the diversion dam is temporary and less than two (2) meters high,
the submission of plans for the dam may not be required.
b. The construction of the necessary structures and diversion works shall begin within
ninety (90) days from the date of receipt of the approved plans, specifications and
implementing schedules and shall be completed within the approved schedule unless
extended by the Board for valid or justifiable reasons, provided, that water shall not be
diverted, pumped or withdrawn until after such structures and works shall have been
inspected and approved by the Board, unless otherwise allowed. Except in cases of
emergency to save life or property or repairs in accordance with the plans originally
approved, the alteration or repair of these structures shall not be undertaken without
the approval of the Board.
c. The permittee shall inform the Board or its deputy concerned, that the necessary
structures and diversion works required have been completed in accordance with
approved plans and speci􏰃cations. In addition, in cases of appropriation of groundwater,
the Permittee shall inform the Board as to the depth and diameter of the well, the
drilling log, the speci􏰃cations and location of casings, cementing, screens and
perforations, and the results of tests of capacity, 􏰄ow, drawdown, and shut-in pressure.
d. The right of a permittee to the amount of water allowed in the permit is only to the
portion or extent that he can use bene􏰃cially for the purpose stated therein. The
diversion of the water shall be from the source and only for the purpose indicated in the
permit. In no case should the said use exceed the quantity and period indicated therein.
In gravity diversions, regulating gates of the canal shall be closed when water is not
needed.
e. The Board may, after due notice and hearing, reduce the quantity of water or adopt a
system of apportionment, distribution, or rotation thereof, when the facts and
circumstances in any situation would warrant the same, subject to payment of
compensation in proper cases, to serve the interest of the public/or legal
appropriations.
f. The Board may, after due notice and hearing, revoke the permit in favor of projects for
greater beneficial use or for multi-purpose development, subject to compensation in
proper cases.
g. The Board shall revoke or suspend the permit if the permittee violates effluent/water
quality standards as determined by the Department of Environment and Natural
Resources.
h. Non-use of the water for the purpose stipulated in the permit for a period of three
consecutive years from date of issuance or completion of diversion works and necessary
structures, shall render said permit null and void, except as the Board may otherwise
allow for reasons beyond the control of the permittee.
i. Any person in control of a well shall prevent the water waste therefrom and shall
prevent water from following onto the surface of the land or into any surface water
without being beneficially used, or any porous stratum underneath the surface.
 j. Any person in control of a well shall prevent water containing mineral or other
substances injurious to the health of humans or animals or to agriculture and vegetation
from 􏰄owing onto the surface of the land or into any surface or into any other aquifer or
porous stratum.
k. The water permit shall continue to be valid as long as water is beneficially used,
however, it may be suspended on the ground of non- compliance with approved plans
and specifications or schedule of water distribution; use of water for a purpose other
than that for which it was granted; non-payment of water charges; wastage; failure to
keep records of water diversion when required; and violation of any term or condition
of any permit or of rules and regulations promulgated by the Board.
l. The water permit may be revoked after due notice and hearing on ground of non-use;
gross violation of the condition imposed in the permit; unauthorized sale of water;
willful failure or refusal to comply with rules and regulations or any lawful order;
pollution; public nuisance or act detrimental to public health and safety; when the
appropriator is found to be disquali􏰃ed under the law to exploit and develop natural
resources of the Philippines; when, in the case of irrigation, the land is converted to
non-agricultural purposes; and other similar grounds.
m. The permittee shall allow the Board inspectors/investigators access to the source at any
time upon notice to monitor compliance with the terms and conditions imposed in the
permit. Failure to allow said inspectors/investigators access to the source shall cause the
cancellation of the water permit issued to permittee.
n. The permittee shall submit to the Board quarterly records of water withdrawal from the
source. Non-compliance hereof shall be ground for the cancellation/revocation of the
water permit issued to permittee.
o. Wells which are no longer being used shall be properly plugged before abandonment to
avoid contamination of the aquifer.

SECTION 16. Periodic and Final Inspection of Project.

The Board, in coordination with its deputized agents who investigated the
application/petition, may conduct inspection of the project during their construction,
alteration, or repair or upon completion thereof to ascertain whether or not they are in
accordance with approved plans and specifications.
A report of the inspection shall be submitted to the Board by the deputized agents
within ten (10) days from the date of inspection.

SECTION 17. Notice of Completed Structures/Diversion Works.

The permittee shall inform the Board or its deputy concerned, that the necessary structures
and diversion works required have been completed in accordance with approved plans and
specifications.

SECTION 19. Certificate of Compliance.

The Board shall issue a certificate of compliance to the permittee/grantee after being satisfied
that the construction of the necessary structures in connection with the water permit have
been duly complied with. Such certificate shall bear the signature of the Executive Director.
SECTION 20. Revocation of Permit.
Any permit issued pursuant to the rules may be revoked by the Board, after due notice and
hearing, for any of the grounds provided herein or in the Code.

SECTION 21. Recurrent Water Shortage.

For purpose of Articles 22 and 26 of the Code, recurrent water shortage shall mean the
natural diminution of water in a source of supply to a volume or rate of flow insufficient to
meet the water requirements of all legal appropriators.
To prevent recurrent water shortage, the Board shall instruct the concerned
appropriators to develop other source/s of water. In such case, the Board may recommend to
the President to fast track the development of the identified source/s. Pending the
development of the identified source/s, the Board may recommend to the President,
necessary measures to augment/optimize the water supply to satisfy the demand, including
the possible declaration of a water shortage or crisis.

SECTION 28. Temporary Permits. — The Board may grant temporary permits for the
appropriation and use of water in situations such as the following:
a. Irrigation of an area pending the construction of a larger system to be operated either
by the government or by any irrigation association which will serve said area. Such
permit shall automatically expire when water becomes available for the area from the
larger system. In cases where the supply from the larger system is not adequate, the
permit may be modified accordingly;
b. When there is need to use water for municipal purposes in emergency situations
pending the availability of an alternative source of supply as provided in Article 22 of the
Code;
c. For special research projects requiring the use of water for certain periods of time;
d. For temporary use of water needed for the construction of roads, dikes, buildings and
other infrastructures; and
e. When there are unforeseen delays in the approval of the application and appropriation
of water is necessary pending the issuance of a water permit, unless the application is
protested.
f. Pending the submission of plans and specifications of diversion works, pump structure,
water measuring device, and other required structures and in addition for private sector
projects, the implementing schedules of construction and any additional requirements
as may be required by the Board.
Temporary permits shall specify the conditions and the period within which the permit is
valid.

RULE II: Control, Conservation and Protection of Waters, Watersheds and Related Land
Resources
SECTION 29. Watershed Management, Protection and Rehabilitation.
The NWRB, DENR and other appropriate agencies involved in watershed management shall
undertake watershed conservation, protection and rehabilitation and shall adopt appropriate
soil and water conservation, and protection measures to safeguard the hydrological integrity of
watersheds and help sustain the protection of water for various purposes and uses.

RULE III: Administration and Enforcement

SECTION 51. General Guidelines for Water Resources Development Projects/Programs.
As a general rule, a water resources project/program, may be implemented if it is in
accordance with the national socio-economic development goals and objectives or necessary
for the national security or protection of life and property. Any project/program involving the
appropriation of water shall be directed towards the optimum single and/or multi-purpose
utilization thereof. Whenever practicable, projects shall be conceived and viewed according to
multi-purpose water resources planning concepts within the area unit of a river basin. In the
case of small scale water development projects not readily covered by large-scale water
development projects, development planning of the latter shall proceed alongside the
implementation of the former.

SECTION 54. Water Resources Projects/Programs By Private Sector.

Any private interested party may propose any water resources project to the Board or through
appropriate government agencies who shall forward the same to the Board with their
comments. The Board, before approving the project, may, if necessary, refer or consult with
other appropriate government agencies.

SECTION 55. Requirements of Water Resources Projects/Programs.

Project/program proposals shall contain indicators of socio-economic justification, relationship
to the National Development Plan, impact statement on the sector's project/program
supports and complement, regional impact statement, environmental impact statement, and
such as other information as the Board may require, including the submission of a project
study or pre-feasibility study for that matter. Projects, such as artesian wells, spring
development and barangay waterworks for purely domestic and municipal use, and such other
small-scale projects as the Board may determine, shall be exempted from this requirement.

SECTION 56. Resolution of Conflict Arising from Project.

Any conflict involving the use of water that may arise from the project/program
proposal shall be resolved on the basis of national/regional priority and needs, e.g., need for
power generation in multipurpose project shall be reckoned on the quantity and time of such
need on a grid basis rather than on a single project basis alone.
Any conflict which adversely affects a particular segment of society, group of individuals
or small community, may be resolved after a public hearing/consultation has been conducted
by the Board or its proper deputies.

SECTION 61. Review and Approval of Rules and Regulations Involving Water.
Rules and regulations issued by other government agencies involving policies on the utilization,
exploitation, development, control, conservation or protection of water resources shall be
reviewed and approved by the Board, unless the charter of such agency provides that the same
shall be approved by the President, in which case the proposed rules shall first be referred to
the Board for comment.

SECTION 62. Agreements Involving Water.

Any agreement involving the use of water for irrigation, hydro-power, industrial, domestic and
municipal water supply shall, in all cases, be subject to review and approval of the Board. In the
review of such agreements, the Board may consult the parties and other government
agencies concerned.

RULE IV: Procedure in Conflict Resolution

SECTION 64. Parties in Water Use Conflicts/Controversies.
The complaining party shall be referred to as Complainant/Protestant and the party against
whom the complaint is filed shall be referred to as Respondent/Protestee.

SECTION 76. Decision.

All disputes shall be decided within sixty days (60) days after the parties submit the
same for decision or resolution. Decisions shall be in writing, stating clearly and concisely the
cause or causes of action, findings of facts and the law or rules upon which they are based.
The Board shall have the power to issue writs of execution and enforce its decisions
with the assistance of national or local law enforcement agencies subject to prior notice to
the party concerned in accordance with Article 84 of the Code.

RULE V: Fines and Penalties

SECTION 80. Light Offenses. — A 􏰃ne of not more than Five Hundred (P500.00) Pesos per day
of violation and/or suspension of the permit/grant for a period of not more than sixty (60)
days shall be imposed for any of the following violations:
a. appropriation of subterranean or groundwater for domestic use by an overlying
landowner without the registration when required by the Board:
b. failure of the appropriator to keep a record of monthly water withdrawals for
submission to the Board on a quarterly basis;
c. repair without permission of hydraulic works or structures involving alteration of its
hydraulic or structural features as originally approved;
d. violation of or non-compliance with any order, rule or regulation of the Board; and
e. failure to comply with any of the terms or conditions in a water permit or water rights
grant not covered by the succeeding sections;

SECTION 81. Less Grave Offenses. — A fine of more than Five Hundred (P500.00) Pesos but
not exceeding Eight Hundred (P800.00) Pesos per day of violation and/or suspension of the
water permit/grant for a period of one hundred twenty (120) days shall be imposed for the
following violations:
a. illegal taking or diversion of water in an open canal or reservoir;
b. unauthorized utilization of an existing well or ponding or spreading of water for
recharging subterranean or groundwater supplies;
SECTION 82. Grave Offenses. — A fine of more than Eight Hundred (P800.00) Pesos but not
exceeding One Thousand (P1,000.00) Pesos per day of violation and/or revocation of the
water permit/grant of any other right to the use of water shall be imposed for any of the
following violations:
a. unauthorized sale, lease or transfer of water permits and/or water rights;
b. failure to install a regulating and measuring device for the control of the volume of
water appropriated when required;
c. drilling of a well without permit or with expired permit;
d. failure to provide adequate facilities to prevent or control disease whenever required in
the construction of any work for the storage, diversion, distribution and utilization of
water;
e. construction of any hydraulic work or structure without duly approved plans and
specifications;
f. non-observance of any standard for the beneficial use of water and/or schedule of
water distribution;
g. use of water for a purpose other than that for which a right or permit was granted;
h. malicious destruction of hydraulic works or structures; unauthorized sale of water in
violation of the permit;
i. abandonment of wells without proper plugging. In this case, the owner of the property
where the abandoned well is located shall be presumed to be the owner of the
abandoned well unless proven otherwise;
j. unauthorized construction within the legal easements as provided under Section 31 of
the Code; and
k. appropriation of water without a permit.

SECTION 85. Violation by Juridical Persons.

In cases where the offender is a corporation, firm, partnership or association, the penalty shall
be imposed upon the guilty officers mentioned in Article 92 of the Code.
SECTION 89. Summary Revocation/Suspension. — Water permits or other rights to use the
water may be revoked or suspended summarily by the Board if any of the following facts
and/or conditions exists:
a. That the suspension/revocation will redound to greater public interest, public health
and safety;
b. That the acts complained of are grossly illegal per se;
c. That the violative act is the second offense on record involving the same infraction;
d. That the non-observance of or non-compliance with the rules, order or regulation is
willful and deliberate;
e. When there is a prima facie showing that the non-observance of any standard for the
beneficial use of water or non-compliance with any of the terms or conditions in a water
permit or water rights grant is prejudicial to the life and property of third person;
f. When the suspension or revocation thereof is sought by an injured party, provided he
files a bond to cover any damage which may be sustained by the permittee or grantee
arising from such summary revocation/suspension;
g. In times of emergency, where there is a prima facie showing that the use of water by
the permittee/grantee is wasteful;
h. When health authorities so recommend to prevent or control the spread of disease due
to inadequate facilities;
i. When in a decision of a competent court, the revocation or suspension of the water
permit or grant is ordered or recommended; and
j. Such other serious offenses or gross violations and infractions as the Board may decide.